Page Title
Editor's corner/ Over a cup of tea
Heidi M. Pascual*
Publisher & Editor
* 2006 Journalist of the Year
for the State of Wisconsin
(U.S.-SBA)
Publisher & Editor
* 2006 Journalist of the Year
for the State of Wisconsin
(U.S.-SBA)
Act 219: Another step backwards for Wisconsin workers
For those of you who might have missed it, Wisconsin Governor Scott Walker signed SB
202 into law (Act 219) on April 5th. And what does it mean to workers of Wisconsin? The
new law removes the ability of any worker who’s been discriminated against on the job to
receive compensatory and punitive damages and to file their cases in the less costly circuit
courts.
While reading the text of the new law in question, I was appalled at the blatant disregard for
workers’ rights, because Act 219 says:
AN ACT to repeal 111.39 (5) (d), 111.397 and 893.995; and to amend 111.39 (4)
2(d) and 814.04 (intro.) of the statutes; relating to: elimination of compensatory
3and punitive damages for acts of employment discrimination or unfair honesty
4or genetic testing.
For those of you who might have missed it, Wisconsin Governor Scott Walker signed SB
202 into law (Act 219) on April 5th. And what does it mean to workers of Wisconsin? The
new law removes the ability of any worker who’s been discriminated against on the job to
receive compensatory and punitive damages and to file their cases in the less costly circuit
courts.
While reading the text of the new law in question, I was appalled at the blatant disregard for
workers’ rights, because Act 219 says:
AN ACT to repeal 111.39 (5) (d), 111.397 and 893.995; and to amend 111.39 (4)
2(d) and 814.04 (intro.) of the statutes; relating to: elimination of compensatory
3and punitive damages for acts of employment discrimination or unfair honesty
4or genetic testing.
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An analysis by Wisconsin’s Legislative Reference Bureau compares the repealed law to the just-approved law: “Under
the current fair employment law, a person alleging discrimination in employment or unfair honesty or genetic testing
may file a complaint with the Department of Workforce Development (DWD) seeking action that will effectuate the
purpose of the fair employment law, including reinstating the employee, providing back pay, and paying costs and
attorney fees. In addition, the fair employment law permits DWD or a person who has been discriminated against or
subjected to unfair honesty or genetic testing to bring an action in circuit court to recover compensatory and punitive
damages caused by the act of discrimination or unfair honesty or genetic testing after the completion of all
administrative proceedings before DWD and the Labor and Industry Review Commission concerning the violation. “
On the other hand, the new law “eliminates the awarding of compensatory and punitive damages to persons who have
been discriminated against in employment or subjected to unfair honesty or genetic testing. “
It simply means that workers have basically NO RIGHT to complain against their employers for discriminatory
treatment. There is no point in filing any complaint, if they won’t find redress in the system. Gov. Walker and his
legislature just moved Wisconsin back to that age when workers’ rights were not even heard of.
I am gravely concerned because Act 219 would have a negative impact specifically on women, older individuals, the
disabled, and people of color. Why? More often than not, in the job environment, gender, age, disability, and race issues
come up, as per records of the U.S. Equal Employment Opportunities Commission. I am sure our Department of
Workforce Development has a long list of complaints and grievances that resulted from the original 2009 fair
employment law.
The Wisconsin Alliance for Women’s Health stressed that the 2009 Equal Pay enforcement Act’s purpose was to
provide a stronger enforcement mechanism for violations of pay and workplace discrimination. With its repeal, big
business has succeeded once again. Where else can employees seek justice if they feel they have been discriminated
against?
Let me tell you a true story.
I know of one person of color who was discriminated against on the basis of his race and the fact that he worked harder
and knew his job better than his peers. He couldn’t afford a lawyer, yet he still filed a case against his employer. He had
documented every instance of discrimination by carrying a tape recorder in his pocket, from the moment he felt he was
the current fair employment law, a person alleging discrimination in employment or unfair honesty or genetic testing
may file a complaint with the Department of Workforce Development (DWD) seeking action that will effectuate the
purpose of the fair employment law, including reinstating the employee, providing back pay, and paying costs and
attorney fees. In addition, the fair employment law permits DWD or a person who has been discriminated against or
subjected to unfair honesty or genetic testing to bring an action in circuit court to recover compensatory and punitive
damages caused by the act of discrimination or unfair honesty or genetic testing after the completion of all
administrative proceedings before DWD and the Labor and Industry Review Commission concerning the violation. “
On the other hand, the new law “eliminates the awarding of compensatory and punitive damages to persons who have
been discriminated against in employment or subjected to unfair honesty or genetic testing. “
It simply means that workers have basically NO RIGHT to complain against their employers for discriminatory
treatment. There is no point in filing any complaint, if they won’t find redress in the system. Gov. Walker and his
legislature just moved Wisconsin back to that age when workers’ rights were not even heard of.
I am gravely concerned because Act 219 would have a negative impact specifically on women, older individuals, the
disabled, and people of color. Why? More often than not, in the job environment, gender, age, disability, and race issues
come up, as per records of the U.S. Equal Employment Opportunities Commission. I am sure our Department of
Workforce Development has a long list of complaints and grievances that resulted from the original 2009 fair
employment law.
The Wisconsin Alliance for Women’s Health stressed that the 2009 Equal Pay enforcement Act’s purpose was to
provide a stronger enforcement mechanism for violations of pay and workplace discrimination. With its repeal, big
business has succeeded once again. Where else can employees seek justice if they feel they have been discriminated
against?
Let me tell you a true story.
I know of one person of color who was discriminated against on the basis of his race and the fact that he worked harder
and knew his job better than his peers. He couldn’t afford a lawyer, yet he still filed a case against his employer. He had
documented every instance of discrimination by carrying a tape recorder in his pocket, from the moment he felt he was
not welcome in the team; and by taking
photos of written documents that proved
workplace discrimination, specifically against
him. Thus, when the employer’s lawyer
realized how prepared this person was, the
employer opted for an amicable settlement
with compensatory damages.
Had this case happened today, that person
would have no avenue to address a grave
injustice, even if his employer
were guilty. He’d quietly resign and be part of
the millions of Americans now unemployed.
I hate to say this, but my beloved state
seems to no longer exhibit the society where
“justice for all” is enshrined in the law of the
land. The Dark Ages are swiftly coming back
with soldiers who prey on the weak and the
powerless.
photos of written documents that proved
workplace discrimination, specifically against
him. Thus, when the employer’s lawyer
realized how prepared this person was, the
employer opted for an amicable settlement
with compensatory damages.
Had this case happened today, that person
would have no avenue to address a grave
injustice, even if his employer
were guilty. He’d quietly resign and be part of
the millions of Americans now unemployed.
I hate to say this, but my beloved state
seems to no longer exhibit the society where
“justice for all” is enshrined in the law of the
land. The Dark Ages are swiftly coming back
with soldiers who prey on the weak and the
powerless.